[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 11-27-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Deposits on applications — See Ch. 68.
Fire prevention and building construction — See Ch. 84.
Freshwater wetlands — See Ch. 91.
Illicit discharges to storm sewer — See Ch. 97.
Land development — See Ch. 100.
Landmark preservation — See Ch. 102.
Peddling and soliciting — See Ch. 113.
Public access to records — See Ch. 120.
Special sales — See Ch. 124.
Soil removal — See Ch. 131.
Streets and sidewalks — See Ch. 134.
Subdivision of land — See Ch. 137.
Telecommunications licenses and franchises — See Ch. 145.
Trees — See Ch. 147.
Zoning — See Ch. 161.
As of January 1, 2008, the following fees are
hereby established until further resolution of the Board of Trustees:
A.
Chapter 68, Deposits on Applications.
(1)
On all applications to the Board of Trustees, the
Planning Board, the Board of Appeals, and the Architectural and Preliminary
Site Review Board, and for a regulated activity in a freshwater wetland,
the applicant shall be liable to the Village and shall pay the following
costs which may be incurred by the Village in processing the application:
[Amended 11-20-2017 by L.L. No. 6-2017]
(a)
Advertising hearings.
(b)
Stenographic minutes of meetings and hearings.
(c)
Engineering fees of the Village Engineer at
the rates approved by the Board of Trustees.
(d)
Arborist fees of the Village Arborist at the
rates approved by the Board of Trustees.
(e)
Legal fees of the Village Counsel at the rates
approved by the Board of Trustees. However, in no event shall the
number of hours charged for the legal services exceed the following:
[1]
Applications to the Board of Appeals relating
to one single-family dwelling on one existing building lot where no
environmental impact statement is required: five hours.
[2]
All other applications, where no environmental
impact statement is required: 50 hours.
[3]
All other applications to the Board of Appeals,
where an environmental impact statement is required: 100 hours.
(2)
Notwithstanding the foregoing, the foregoing costs
for an application to the Architectural and Preliminary Site Review
Board shall not exceed $1,500.
[Amended 11-20-2017 by L.L. No. 6-2017]
(3)
On all such applications, the applicant shall deposit
the sums specified below to defray the actual costs incurred by the
Village:
(a)
On application to the Board of Trustees for
special exception permit or amendment thereof: a sum determined by
the Board of Trustees not to exceed $2,000.
(b)
On application to the Board of Trustees for
an off-shore structure: $2,000.
(c)
On application to the Board of Appeals for a
variance: $1,500.
(4)
The applicant shall reimburse the Village for such
costs, to the extent that they exceed the applicant's deposit, within
30 days of request by the Village and, in any event, prior to the
issuance of any permit for the work which was the subject of the application
as well as for any other work on the premises which was the subject
of the application.
B.
Chapter 84, Fire Prevention and Building Construction.
(1)
For a permit for a new building or other structure
not otherwise provided for or for the alteration of an existing building
or other structure not otherwise provided for, the fee shall be $200,
plus $10 for each $1,000 or fraction thereof of estimated cost. The
fee for a renewal of such permit shall be $200 for each twelve-month
period of such extension or fraction thereof.
[Amended 3-14-2014]
(2)
For a permit to move a building or structure, the
fee shall be $200, plus $10 for each $1,000 or fraction thereof of
estimated cost.
(3)
For a permit for the demolition of a building or structure
or part thereof, the fee shall be $200, plus $10 for each $1,000 or
fraction thereof of estimated cost, provided that, if the demolition
is a necessary part of an alteration for which a permit has been issued,
no separate fee shall be required for such demolition.
(4)
For a permit for a temporary structure, the basic
fee shall be $200, plus $10 for each $1,000 or fraction thereof of
estimated cost; for a renewal of a permit for a temporary structure,
the fee shall be $25.
(5)
For a permit for the installation of one or more elevators
in one building, the fee shall be $200, plus $10 for each $1,000 or
fraction thereof of estimated cost.
(6)
For a permit for the installation of an oil or gas
burner or central air-conditioning appliances or equipment, the fee
shall be $25, plus $15 for each such appliance or equipment in excess
of one included in the permit.
(7)
For a permit for the installation of any gaseous or
liquid storage tank, the fee shall be $15.
(8)
For issuing a duplicate building permit, certificate,
or a violation letter, the charge shall be $1 per single sheet.
(9)
For a certificate of compliance for an oil or gas
burner, the fee shall be $5.
(10)
For a permit to install, extend, alter, or replace
any new or existing plumbing or drainage work in a building or structure,
the fee shall be $20, plus $5 for each fixture.
(11)
For a permit to install a sprinkler or standpipe
system in an existing building, the fee shall be $20 when the inside
dimension of the pipe does not exceed two inches in diameter, plus
$20 for each additional inch of diameter or fraction thereof, plus
$3 per sprinkler head.
(12)
For a permit for a new offshore structure or
for an alteration to an existing one, the fee shall be $100.
(13)
For a street opening permit, the fee shall be
$200.
(14)
Any and all fees, costs, or expenses imposed
by the State of New York, the County of Nassau, or any agency or department
thereof with respect to the filing or review of maps, plans, or data
submitted to it by the Village or the applicant pursuant to the provisions
of Article 12-B of the General Municipal Law, Article XVI of the County
Government Law of Nassau County, or any other law, rule, or regulation,
shall be the responsibility of the applicant and shall be paid by
the applicant at the time such maps, plans, or data are submitted
to the state, the county, or such agency or department. If, nevertheless,
such a fee, cost, or expense is paid by the Village, the applicant
shall reimburse the Village prior to the issuance of the permit or
approval sought by the applicant from the Village, and, in the discretion
of the Village, the processing of any such application may be suspended
until such fee, cost, or expense is reimbursed to the Village.
(15)
For an amendment to a permit for a new building or other structure issued pursuant to Subsection A, the fee shall be $10 for each $1,000 or fraction thereof of estimated additional cost by virtue of the amendment, if any, but in no event shall such fee be less than $100 if there are to be structural changes or $25 if there are not to be structural changes.
(16)
All of the foregoing fees, other than those set forth in Subsection B(14) shall be doubled in the event that the construction, installation, demolition, or other activity or item or work (hereinafter, within this subsection, all together referred to as "work") requiring a permit has been commenced prior to the issuance of a permit. Upon application to the Board of Trustees, such doubling of the fee may be reduced by the Board of Trustees, upon a showing that such work was so minor that the doubling of the fees would be so substantially out of proportion to the additional work to the Department that it would amount to an unwarranted penalty, or that the performance of such work prior to the issuance of the requisite permit was reasonably necessary to save life or property.
(17)
Whenever the plans accompanying an application are for a structure which, in the opinion of the Building Inspector, is of complex design, the Building Inspector shall require the applicant to file an affidavit, signed by an architect or engineer, certifying that the plans and specifications comply with the provisions of Chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point in force on the date of the application. In such case, the Building Inspector may, at his or her discretion, employ an architect or engineer to examine the plans. The amount by which the cost of such examination, not exceeding 1 1/3% of the estimated construction cost, is in excess of 1/2 of the permit fee required by § 84-28 shall be added to such permit fee and paid by the applicant before the permit shall be issued.
(18)
There shall be no additional charge for the review of revised
plans when such revisions have been made solely in response to comments
by the Building Department to address missing, incorrect, or unclear
information on the plans, which is or may be required and/or contrary
to building, zoning, health, fire, environmental, or other pertinent
regulations, or is otherwise necessary for the Building Department
to properly understand and establish what is proposed by the plans,
or is otherwise required by the Building Department. However, if,
after two resubmissions of plans, any request for the same or additional
corrections or clarifications has been made and there has not been
compliance with such request, an additional permit fee equal to 10%
of the original permit fee shall be paid at the time of each resubmission
until after a submission with such correction or clarification is
provided.
[Added 10-25-2012]
(19)
Notwithstanding anything to the contrary in this subsection, the fee for a renewal of a permit issued pursuant to Subsection B(5), (6), (7), (9), (10), (11), (12), or (13) shall be 1/2 the original fee for each twelve-month period of such extension or fraction thereof, not exceeding a total of $200 for all of such twelve-month periods.
[Added 6-17-2014]
C.
Chapter 91, Freshwater Wetlands. The application fee for a permit for a regulated activity in a freshwater wetland shall be $300.
D.
Chapter 97, Illicit Discharges to Storm Sewer. The following fee schedule shall apply to all permits issued pursuant to this chapter:
E.
Chapter 100, Land Development. The fee for a land development application shall be $600 plus $0.10 per cubic yard of soil, sand, gravel, or other fill or similar material to be removed from or placed upon any land within the Village.
[Amended 2-7-2019 by Res.
No. 2019-31]
F.
Chapter 102, Landmarks Preservation. The processing fee for a request for a designation of a landmark, landmark site, or historic district shall be $200.
G.
Chapter 113, Peddling and Soliciting. The fee for a license pursuant to said chapter shall be $50.
H.
J.
Chapter 131, Soil Removal. The fee for any permit pursuant to this subsection shall be $300 plus $0.10 per cubic yard of soil, sand, or gravel to be removed.
K.
Chapter 134, Streets and Sidewalks.
(1)
The bond or deposit required to be filed pursuant to § 134-5 shall be set by the Superintendent of Public Works based upon the Superintendent's estimate of the cost to restore the proposed areas to be disturbed; however, in no event shall it be less than $200.
(2)
The fee for a permit to permit water to flow onto
a public street shall be $10.
(3)
The fee for a curb cut crossing shall be $25. The deposit required to be filed pursuant to § 134-9 shall be $400.
(4)
A municipal corporation, public benefit corporation,
or public utility corporation, may, upon application to the Board
of Trustees, in lieu of the bond required for a street opening permit,
based upon the work to be performed and the history of the entity
performing work in the Village in the past, either have such bond
waived or provide its personal corporate bond in such amount as the
Board of Trustees shall determine.
(5)
The fee for a street opening permit shall be $200.
(6)
The deposit for a street opening permit shall be equal
to $100 multiplied by the number of square feet covered by the proposed
street opening plus $25 multiplied by the number of lineal feet of
curb to be removed or displaced by the applicant. In no event shall
the amount of said deposit be less than $1,500.
L.
Chapter 137, Subdivision of Land.
(1)
Upon filing an application for preliminary approval
of a plat of a subdivision, the applicant shall pay to the Village
Clerk a fee of $1,000.
(2)
If the Planning Board disapproves of the preliminary
plat submitted and the applicant applies for preliminary approval
of a revised plat of the same subdivision within 60 days of the initial
disapproval, the applicant shall pay to the Village Clerk a fee of
$100.
(3)
Upon filing an application for final approval of a
plat of a subdivision, the applicant shall pay to the Village Clerk
a fee in the sum of $200, plus $200 for each plot or lot shown on
the plat submitted for approval.
M.
Chapter 145, Telecommunications Licenses and Franchises.
(1)
Each applicant for a telecommunications license or franchise pursuant to Article III or IV of Chapter 145, or an amendment or renewal thereof, shall pay an application review fee in a sum equal to the greater of either:
(a)
Two hundred fifty dollars; or
(b)
One percent of the estimated cost of construction
of the applicant's proposed or existing telecommunications facilities
or, if the application is solely to amend an existing application
for new construction to alter an existing facility, 1% of the proposed
new construction.
(3)
An applicant whose license or franchise application
is withdrawn or abandoned prior to approval or denial, within 60 days
of such withdrawal or abandonment, shall be refunded its application
review fee, less a reasonable sum, to be determined by the Village,
equal to the Village's expenses incurred for the application and review
process prior to the date of withdrawal or abandonment. Such expenses
may include all ascertainable costs and expenses incurred by the Village
in connection with the application, including salaries and overhead
for Village employees.
(4)
Unless otherwise agreed in a license or franchise
agreement, each licensee and franchisee shall pay an annual license
fee to the Village equal to 3% of the gross revenues received by the
licensee or franchisee pursuant to said license or franchise.
O.
Chapter 161, Zoning.
(1)
The application fee for a special exception permit to the Board of Trustees pursuant to § 161-8 of the Village Code shall be $200.
(2)
The application fee for an off-shore structure shall
be $100.
(3)
The fees for applications to the Architectural and
Preliminary Site Review Board shall be as follows:
[Amended 11-20-2017 by L.L. No. 6-2017]
(a)
Application for a new building (other than an
accessory building): $500 (per building).
(b)
Application for an addition and/or alteration
to an existing building (other than an accessory building), the cost
of which would exceed 50% of the replacement cost of the existing
building as determined by the Building Inspector: $500.
(c)
Application for addition and/or alteration to
an existing building (other than an accessory building), the cost
of which would not exceed 50% of the replacement of the building as
determined by the Building Inspector: $375.
(d)
Accessory building: $100.
(4)
Each owner and operator of a telecommunications tower
and/or antenna, other than with regard to small wireless facilities,
shall pay the following fees:
[Amended 6-19-2018; 3-7-2019 by L.L. No. 4-2019]
(5)
The application and annual fees for small wireless facilities shall
be as follows:
[Added 3-7-2019 by L.L.
No. 4-2019]
(a)
The application fee shall be $500 for a small wireless facility on
an existing structure. If the application includes more than one small
wireless facility on an existing structure, there shall be no charge
for the first five small wireless facilities on existing structures
and an additional $100 fee for each small wireless facility on an
existing structure included in the application in excess of five.
(b)
The application fee shall be $1,000 for each small wireless facility
that will not be attached to an existing structure.
(c)
There shall be an annual fee annual fee of $270 for each small wireless
facility.
